504. Adulteration   and misbranding of   coffee.     to.   S.  v.   9   Cartons   of   Coffee.
Default  decree  of  condemnation  and.  destruction.     (F.   D.   C.   No.   1433.
Sample No. 65126-D.)
Examination of this product showed that it was a mixture of coffee, cereal, 
and seeds of foxtail grass.
On February 2, 1940, the United States attorney for the Eastern District of 
Kentucky filed a libel against 9 cartons, each containing 30 bags of coffee, at 
Stanford, Ky., alleging that the article had been shipped in interstate commerce 
on or about January 13, 1939, by the Koenig Coffee Co., from Cincinnati, Ohio; 
and charging that it was adulterated and misbranded. It was labeled in part: 
"Koenig's Fresh Boasted Spoon Coffee * * * Packed By the J. Henry Koenig 
Co., Cincinnati."  ''
The article was alleged to be adulterated in that a mixture of coffee, cereal, 
and seeds of foxtail grass had been substituted wholly or in part for coffee; and 
in that cereal and foxtail grass seeds had been added to or mixed therewith so 
as to reduce its quality or strength.
It was alleged to be misbranded in that the statement "Coffee" was false and 
misleading when applied to a mixture of coffee, cereal, and foxtail grass seeds; 
and in that it was offered for sale under the name of another food.
On February 27,1940, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be delivered to a charitable 
organization or association, since it was not deleterious and was fit for human 
consumption.